The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5045
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by M. of A. DAVILA, AUBRY, GOTTFRIED, SIMON, BARRON, ARROYO,
   TAYLOR, LAVINE, ORTIZ, CAHILL, O'DONNELL, SEAWRIGHT, PICHARDO, MOSLEY,
   PERRY, RIVERA,  JAFFEE,  QUART,  DICKENS,  McDONOUGH,  BLAKE,  WALKER,
   WRIGHT -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA -- read once
   and referred to the Committee on Codes

 AN  ACT  to  amend the criminal procedure law, in relation to allowing a
   court to waive certain surcharges and  fees;  and  to  repeal  certain
   provisions of the penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 420.35 of the  criminal  procedure
 law, as amended by chapter 189 of the laws of 2018, is amended and a new
 subdivision 2-a is added to read as follows:
   2. [Under] EXCEPT AS PROVIDED IN THIS SUBDIVISION OR SUBDIVISION TWO-A
 OF  THIS  SECTION, UNDER no circumstances shall the mandatory surcharge,
 sex offender registration fee, DNA databank  fee  or  the  crime  victim
 assistance  fee be waived [provided, however, that a court may waive the
 crime victim assistance fee if such defendant is an  eligible  youth  as
 defined  in  subdivision  two of section 720.10 of this chapter, and the
 imposition of such fee  would  work  an  unreasonable  hardship  on  the
 defendant,  his  or  her  immediate  family,  or any other person who is
 dependent on such defendant for financial support]. A court shall  waive
 any  mandatory  surcharge,  DNA databank fee and crime victim assistance
 fee when: (i) the defendant is convicted of loitering for the purpose of
 engaging in prostitution under section 240.37 of the penal law (provided
 that the defendant was not convicted of loitering  for  the  purpose  of
 patronizing  a person for prostitution); (ii) the defendant is convicted
 of prostitution under section 230.00 of the penal law; (iii) the defend-
 ant is convicted of a violation in the event such conviction is in  lieu
 of  a plea to or conviction for loitering for the purpose of engaging in
 prostitution under section 240.37 of the penal law  (provided  that  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06369-01-9

 A. 5045                             2
 
 defendant was not alleged to be loitering for the purpose of patronizing
 a  person  for prostitution) or prostitution under section 230.00 of the
 penal law; or (iv) the court finds that a defendant is a victim  of  sex
 trafficking  under  section 230.34 of the penal law or a victim of traf-
 ficking in persons under the trafficking victims protection act  (United
 States  Code,  Title  22,  Chapter  78); or (v) the court finds that the
 defendant is a victim of  sex  trafficking  of  a  child  under  section
 230.34-a of the penal law.
   2-A.  A COURT MAY WAIVE ANY MANDATORY SURCHARGE, ADDITIONAL SURCHARGE,
 TOWN OR VILLAGE SURCHARGE, THE CRIME VICTIM ASSISTANCE FEE, DNA DATABANK
 FEE, SEX OFFENDER REGISTRATION  FEE  AND/OR  SUPPLEMENTAL  SEX  OFFENDER
 VICTIM  FEE WHEN THE COURT FINDS THAT THE DEFENDANT WAS UNDER THE AGE OF
 TWENTY-ONE AT THE TIME THE OFFENSE WAS COMMITTED AND:
   (A) THE IMPOSITION OF SUCH SURCHARGE OR FEE WOULD WORK AN UNREASONABLE
 HARDSHIP ON THE DEFENDANT, HIS OR HER IMMEDIATE  FAMILY,  OR  ANY  OTHER
 PERSON WHO IS DEPENDENT ON SUCH DEFENDANT FOR FINANCIAL SUPPORT; OR
   (B)  AFTER CONSIDERING THE GOAL OF PROMOTING SUCCESSFUL AND PRODUCTIVE
 REENTRY AND REINTEGRATION AS SET FORTH IN  SUBDIVISION  SIX  OF  SECTION
 1.05  OF  THE  PENAL  LAW, THE IMPOSITION OF SUCH SURCHARGE OR FEE WOULD
 ADVERSELY IMPACT THE DEFENDANT'S REINTEGRATION INTO SOCIETY; OR
   (C) THE INTERESTS OF JUSTICE.
   § 2. Subdivision 3 of section 420.30 of the criminal procedure law, as
 amended by section 5 of part F of chapter 56 of the  laws  of  2004,  is
 amended to read as follows:
   3.  Restrictions.  [In] EXCEPT AS PROVIDED FOR IN SUBDIVISION TWO-A OF
 SECTION 420.35 OF THIS ARTICLE, IN no event shall a mandatory surcharge,
 sex offender registration fee, DNA databank fee or crime victim  assist-
 ance  fee  be  remitted  [provided,  however, that a court may waive the
 crime victim assistance fee if such defendant is an  eligible  youth  as
 defined  in  subdivision  two of section 720.10 of this chapter, and the
 imposition of such fee  would  work  an  unreasonable  hardship  on  the
 defendant,  his  or  her  immediate  family,  or any other person who is
 dependent on such defendant for financial support].
   § 3. Subdivision 10 of section 60.35 of the penal law is REPEALED.
   § 4. Subdivision 3 of section 60.02 of the penal law is REPEALED.
   § 5. This act shall take effect immediately.